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Francisca Romana Harjiyatni
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Kajian Hukum
Published by Universitas Janabadra
ISSN : -     EISSN : 25275690     DOI : https://doi.org/10.37159
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Kajian Hukum is a peer-reviewed scientific journal dedicated to publishing high-quality research articles, conceptual papers, and case studies in the field of law. The journal provides a forum for academics, researchers, legal practitioners, policymakers, and students to disseminate original ideas and critical analyses on contemporary legal issues at the national, regional, and international levels. The journal welcomes interdisciplinary and comparative legal studies that contribute to the development of legal science, legal reform, justice, governance, and public policy. Submitted manuscripts should demonstrate originality, scientific rigor, and relevance to current legal challenges. Kajian Hukum discusses topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in: - Civil Law - Criminal Law - Civil Procedural Law - Criminal Procedure Law - Commercial Law - Constitutional Law - International Law - State Administrative Law - Adat Law - Islamic Law - Agrarian Law - Environmental Law
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Articles 51 Documents
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TINJAUAN YURIDIS PENATAUSAHAAN KEUANGAN DAERAH DALAM MEWUJUDKAN GOOD GOVERNANCE BERDASARKAN PERATURAN WALIKOTA YOGYAKARTA NOMOR 136 TAHUN 2021 (STUDI DI KEMANTREN UMBULHARJO, KOTA YOGYAKARTA) Margiyanto; Fransisca Romana Harjiyatni
Kajian Hukum Vol. 10 No. 1 (2025): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2025kh.v10.i1.54

Abstract

This study aims to examine regional financial management in realizing good governance in the Yogyakarta City Government and to analyze the obstacles faced in regional financial management which focuses more on the stages of implementing regional financial administration in the Yogyakarta City Government. This type of research is a normative legal research, namely library legal research, with a statutory approach carried out by examining library materials and trying to synchronize the provisions contained in Government Regulation Number 12 of 2019 concerning Regional Financial Management with the Yogyakarta Mayor Regulation Number 136 of 2021 concerning the Regional Financial Management System and Procedures. To support and complete the information, interviews were conducted with selected sources in order to perfect information about various aspects related to the regional financial administration system and procedures. Data analysis uses a deductive thinking method. The results of the research show that the system and procedures for regional financial management at the general administration stage have been implemented based on the Regulation of the Mayor of Yogyakarta Number 136 of 2021 concerning the System and Procedures for Regional Financial Management. The obstacles encountered are human resource constraints, financial administration information systems, use of providers, and management of evidence of spending. These obstacles need to be considered so that they can realize better regional financial management in the future..
PENEGAKAN HUKUM BERPERSPEKTIF GENDER PADA KASUS TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH PEREMPUAN (STUDI KASUS PERKARA LAPORAN POLISI NOMOR: LP/B/01/II/2024/SPKT/POLSEK MERGANGSAN/POLDA DIY) Fitrianto Heri Nugroho
Kajian Hukum Vol. 10 No. 1 (2025): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2025kh.v10.i1.57

Abstract

This study aims to determine and analyze the implementation of law enforcement against women facing the law as perpetrators of abuse and the factors that determine law enforcement carried out in the Yogyakarta Police Jurisdiction. This research is a qualitative research and includes normative and empirical legal research types. The research was conducted in the jurisdiction of the Yogyakarta City Police, Special Region of Yogyakarta. The approach to this research uses a sociological approach. The subject of the research is about law enforcement of criminal acts committed by women in the jurisdiction of the Yogyakarta City Police. Data analysis is carried out through data analysis related to the problem being studied and then clearly describes the actual situation regarding the facts and based on logical thinking. The results of the study can be concluded that law enforcement is applied equally between adult men and adult women in accordance with applicable legal provisions and laws, namely fulfilling the principle of recognizing and guaranteeing constitutional rights for men and women are balanced and equal before the law (equality before the law) without discrimination. The law enforcement process includes arrest, detention, investigation, prosecution, trial process and implementation of sentences according to trial decisions. All stages are carried out in accordance with legal provisions using the right law enforcement approach so that the protection of rights and principles of justice for women perpetrators of criminal acts is fulfilled. The differentiating factor in law enforcement for female perpetrators compared to male perpetrators is referring to the concept of gender perspective when implementing the law enforcement process to develop a more gender-sensitive justice system because women have more unstable physical and psychological abilities compared to men.
ANALISIS IMPLEMENTASI PENCEGAHAN TINDAK PIDANA KORUPSI PENGELOLAAN KEUANGAN APBN PADA LINGKUNGAN PENGADILAN TINGGI YOGYAKARTA Toni Subagyo; Yanto
Kajian Hukum Vol. 10 No. 1 (2025): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2025kh.v10.i1.58

Abstract

The phenomenon underlying this research is the prevalence of criminal corruption cases involving the management of APBN in various government institutions, including judicial bodies. Despite the High Court of Yogyakarta implementing various preventive measures, challenges persist, both in terms of policy implementation and internal factors affecting the effectiveness of prevention. This study employs a normative research method with a juridical-normative approach, encompassing both statutory and conceptual perspectives. Data analysis is carried out by examining relevant data related to the research problem, and then clearly depicting the actual state of facts based on logical reasoning. The effectiveness of anti-corruption measures within the High Court of Yogyakarta can be considered to be functioning well. This is attributed to the goodwill of the High Court's leadership, which plays a crucial role in creating a proper and compliant financial management environment. With the commitment and goodwill from the leadership, it is hoped that the management of APBN within the High Court of Yogyakarta can avoid misuse of authority and criminal corruption.
TINJAUAN YURIDIS TERHADAP BATAS KEPEMILIKAN MODAL ASING PADA INDUSTRI PERBANKAN INDONESIA DALAM KERANGKA WORLD TRADE ORGANIZATION Aditya Fahrizi Mushollin; Sudiyana
Kajian Hukum Vol. 10 No. 1 (2025): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2025kh.v10.i1.59

Abstract

This research aims to find out and analyze the regulation of foreign capital ownership in the Indonesian banking sector, which can reach 99%, whether it can provide welfare for the Indonesian people, especially for people of working age. This thesis writing uses a type of normative legal research. This research uses a statutory approach (statute approach) and a historical approach (historical approach) which aims to sharpen the analysis of research legal materials in order to find out the rationale for the legal regulations governing foreign capital ownership in the Indonesian banking sector which can reaching 99% can provide welfare for the Indonesian people, especially people of working age. The results of the research are that banks in Indonesia implemented foreign capital liberalization as a result of the crisis that hit Indonesia in the past. The World Trade Organization (WTO) is currently the only international organization that specifically deals with trade issues between countries in the world. This organization was officially founded on January 1, 1995, as a result of the Uruguay Round (1986-1994) which agreed on the Agreement Establishing the World Trade Organization. The World Trade Organization (WTO) was formed as a successor and complement to the General Agreement on Tariffs and Trade (GATT) 1947. The World Trade Organization (WTO) as an international trade organization is expected to bridge the interests of all countries in the world in the trade sector through the provisions that have been established. jointly agreed by member countries. The opportunity for foreigners to own up to 99% of bank shares has positive implications, but there are also concerns that it could have negative implications. This positive implication is the creation of Good Corporate Governance (GCG) and increased bank performance, especially due to strengthening the capital structure.
Kajian Penerapan Prinsip Mengenali Pengguna Jasa Bagi Notaris Dalam Mencegah Tindak Pidana Pencucian Uang Di Wilayah Daerah Istimewa Yogyakarta Deddhy Herianto Sihotang; Rahma Ningtyas Saputri
Kajian Hukum Vol. 11 No. 1 (2026): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2026kh.v11.i1.71

Abstract

The implementation of the Know Your Customer (KYC) principle constitutes a crucial instrument in the prevention and eradication of money laundering, particularly within the legal services sector involving the notarial profession. This study aims to analyze the level of understanding and the effectiveness of KYC implementation by notaries in preventing money laundering in the Special Region of Yogyakarta, with reference to Law Number 8 of 2010 and the Regulation of the Minister of Law and Human Rights Number 9 of 2017. This research employs a normative legal method, supported by statutory, conceptual, and limited empirical approaches through the examination of notarial practices. The findings indicate that the implementation of KYC by notaries has not been fully optimal, as reflected in limited understanding of their role as reporting parties and the existence of regulatory ambiguities, particularly regarding whether KYC should be applied to all clients or only to transactions exceeding a certain threshold. These conditions potentially undermine the effectiveness of anti-money laundering measures and increase the risk of notaries being inadvertently involved in illicit activities. Therefore, regulatory clarification and the enhancement of notaries’ capacity and awareness are necessary to ensure a more effective and comprehensive implementation of the KYC principle.
Perlindungan Hukum Anak Hasil Perkawinan Siri Bagi Orang Islam Setelah Terjadinya Itsbat Nikah Erha Sena; Endang Sulistyaningsih; Sunarya Raharjo
Kajian Hukum Vol. 11 No. 1 (2026): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2026kh.v11.i1.72

Abstract

Unregistered marriages often cause problems related to the legal status of their children, because children born in unregistered marriages are illegitimate children who only have a civil relationship with their mother, so to overcome this, Itsbat Nikah is needed so that Siri Marriage becomes a legal Marriage that has permanent legal certainty. This study aims to determine the Protection of Children's Rights from Siri Marriages for Muslims After the Itsbat Nikah occurs. The research approach used is the normative juridical approach. Data collection techniques in this study were carried out by combining library study methods and interviews with informants. The results of research in the Religious Courts throughout DIY show that this process provides legal certainty, protecting Children's Rights. Marriage Confirmation plays a crucial role in issuing or amending a child's birth certificate. The requirement for issuing a certificate is a marriage license or the parents' marriage certificate. Therefore, if a Marriage Confirmation Decision has been issued, the parties can issue their marriage certificate at the Office of Religious Affairs (KUA). This will declare the marriage valid, and the birth certificate of the child born within the marriage will be declared valid and establish a civil relationship with the father and mother).
Tanggung Jawab Hukum Perusahaan Terhadap Lingkungan Hidup Akibat Eksploitasi Galian C Ilegal Di Provinsi Sulawesi Utara Febriana Veronika Nelwan; Sudiyana; Aisya
Kajian Hukum Vol. 11 No. 1 (2026): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2026kh.v11.i1.73

Abstract

This study examines the legal responsibilities of companies towards the environment as a result of illegal C mining exploitation activities within the jurisdiction of the North Sulawesi Regional Police. The study focuses on civil law and business law aspects, positioning companies as legal subjects responsible for the environmental and social losses incurred. This study uses an empirical juridical method, with data obtained through interviews with relevant stakeholders. The legal analysis is based on Article 1365 of the Civil Code concerning unlawful acts, Articles 87 and 88 of Law Number 32 of 2009 concerning Environmental Protection and Management, and provisions regarding Corporate Social Responsibility (CSR) in the Job Creation Law. The results of the study indicate that many companies involved in illegal mining practices ignore legal obligations, both in terms of licensing and environmental restoration. Weak cross-sectoral oversight, the practice of negligence by local authorities, and the minimal use of civil law instruments are major obstacles in enforcing corporate responsibility. This study recommends strengthening civil lawsuits as a strategic instrument in enforcing environmental law, as well as the integration of the principles of social responsibility and business accountability in mining regulations. This effort is expected to encourage businesses to better comply with environmental regulations and actively contribute to sustainable development.
IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG BATAS USIA CALON PRESIDEN DAN WAKIL PRESIDEN TERHADAP DOKTRIN NEGATIVE LEGISLATOR DAN POSITIVE LEGISLATOR Ogie Nuggraha; Francisca Romana Harjiyatni; Pudja Pramana KA
Kajian Hukum Vol. 10 No. 2 (2025): November
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2025kh.v10.i2.74

Abstract

This research aims to describe and explain the legal considerations of constitutional judges in decision number 90/PUU-XXI/2023 and to outline the implications of decision number 90/PUU-XXI/2023 for the position of the Constitutional Court as a negative legislator. This research uses normative legal research. The research approach uses a statutory approach and a case approach through the Constitutional Court decision Number 90/PUU-XXI/2023. This research is descriptive analytical, namely research that presents careful data about humans and the symptoms of a developing society and these facts are analyzed based on theories or legal principles that correlate with the legal events in question. This research was conducted based on secondary data sources, namely library materials such as official documents, statutory regulations, scientific works, books, articles and other documents/manuscripts related to the object of this research. The results of the research and discussion are related to the concept of open legal policy, which is often questioned by the Constitutional Court in several of its decisions, especially in decision 90/PUU-XXI/2023 which examines the constitutionality of Article 169 letter q of Law Number 7 of 2017 concerning General Elections. There has been a shift if you read carefully the legal considerations (ratio decidendi) of the constitutional judges in the decision. Then the formulation of the age limit was interpreted by the Constitutional Court as an open legal policy due to the technical nature of the procedure which is essentially not within the Constitutional Court's authority to decide.
Determining Corporate Mens Rea through Strict Liability and Vicarious Liability in Corporate Crimes Halilintar Cakra Negara; Rahaldy Briwijaya
Kajian Hukum Vol. 11 No. 1 (2026): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2026kh.v11.i1.76

Abstract

This study examines how corporate mens rea can be determined through strict liability and vicarious liability within the context of modern corporate criminal responsibility, with a particular focus on the Indonesian legal system. The research adopts a normative juridical approach, combining conceptual analysis, statutory interpretation, and examination of judicial practice, including the application of PERMA No. 13/2016 and KUHP 2023. The findings show that strict liability constructs corporate mens rea by presuming fault from harmful outcomes or regulatory violations, making it suitable for public-welfare and high-risk regulatory offenses. Meanwhile, vicarious liability attributes the mental state of corporate agents to the corporation, enabling the prosecution of intentional offenses such as corruption, fraud, and financial crime. Indonesia applies both doctrines but in a fragmented and inconsistent manner across sectoral statutes. The absence of harmonization, limited investigative capacity, unclear evidentiary standards for structural fault, and lack of compliance-based defenses undermine effective enforcement. This study concludes that strict liability and vicarious liability should function as complementary mechanisms for establishing corporate mens rea, and that Indonesia requires a more coherent, integrated framework to enhance accountability and align with global developments in corporate criminal law.
Conflict Theory On The Relationship Between Gang Violence And Haitis’s Political Crisis Firman Anshari; Halilintar Cakra Negara; Tomy Hari Saputra; Rahaldy Briwijaya
Kajian Hukum Vol. 11 No. 1 (2026): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2026kh.v11.i1.77

Abstract

This article examines the relationship between gang violence and political crisis in Haiti through the lens of conflict theory. Social, economic, and political inequalities serve as the primary factors driving the emergence and strengthening of gangs, particularly in the context of weak state institutions. Structural injustices create disparities that push marginalized groups to seek alternative sources of power through criminal activities. By analysing Haiti’s political history, this study explores how structural inequalities have exacerbated gang violence and deepened political instability. Furthermore, the role of power actors, both domestic and international, is examined in either reinforcing or mitigating this phenomenon. This study aims to provide a deeper understanding of the nexus between organized crime and chronic political instability, while also proposing policy-based solutions to curb the escalation of violence in Haiti.

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